>> maybe i don't know. thanks for inviting us into your home. that's it for this special report. fair, balanced and unafraid. >> shep: this is the fox report. tonight mitt romney launch has critique on president obama's foreign policy and one prominent national poll shows there is a new leader in the race for the white house. plus, the most expensive gas in all the country. a new all-time high. >> in a weeks it was 50 cents up. >> shep: one senator calling for a federal investigation. and an historic mission. >> three, two, one, and

lift-off. >> shep: a new life line for astronauts in outer space. it even delivers ice cream. but first from fox this monday night, governor mitt romney says america is facing more threats tonight than when president obama took office. the republican nominee for the presidency accusing our current president of leading from behind, saying and i quote, hope is not a strategy. governor romney went after the president on foreign policy today in a speech at the virginia military institute. >> i believe that if america doesn't lead, others will. others who don't share our interests and our values and the world would grow darker for our friends and for us. america's security and the cause of freedom cannot afford four more years like the last four. >> shep: his campaign was firing back before governor romney even said a single word. running a new ad, quoting critics who call the governor's foreign policy wreckless and

amateurish. a new gallup poll shows governor romney gaining on the president since their first debate last week. before the debate, the president had a five-point lead in the poll and now they're dead even. look at this poll from the pugh research center, this out this afternoon the this is an important one. governor romney now leads the president by four points among likely voters. after trailing in that same poll by eight points a few weeks ago. we have team fox coverage. ed henry is in california. cal cameron in virginia. the governor covered a lot of ground in that speech. >> he did. this was mitt romney's attempt to suggest that president obama's foreign policy is essentially failed across the globe. there were a whole number of hot spots that they singled out. at one point he suggested the president has only hoped for a strategy and it's not a strategy and mr. romney said we simply can't afford four more years of the current foreign policy. here is a little of his speech.

>> with iran closer than irrelevant to nuclear weapons capability, with the conflict in syria threatening to destabilize the region and with violent extremists on the march, and with an american ambassador and three others dead, likely at the hands of al-qaeda affiliates, it's clear that the risk of conflict in the region is higher now than when the president took office. >> democrats complained romney's speech was filled with criticism but not a lot of policy specifics. mr. romney's policies speech today will be followed up by yet another one next week. this week is the big vice presidential debate. but next week, mr. romney and president obama will face off againing on long island and romney aides say there will be next week another policy speech, next one on the economy. >> shep: you were talking about policy. what is it that governor romney says he would do differently? >> well, there haven't been a lot of specifics. there are some differences, however. for instance, mr. romney has said he will move to impose sanctions on iraq -- iran with

the international community much more aggressively, as well as additional pressure from the united states. he argues that he will enable the rebels in syria to arm themselves more effectively, to go up against the iran-backed regime of assad who has been crushing rebels and killing civilians. and mr. romney said he will link relations with egypt, now led by pot morsi of the muslim brotherhood, what has been described virulent anti-west and says our relationship will be based on trade, something mr. romney said should be much more aggressively policed and pursued, free trade and fairer trade with china. those really the only major distinctions emphasized today and outlined in terms of specifics from mr. romney. shep? >> shep: carl cameron live in virginia. as i mentioned, president obama's team was responding to governor remain knee's speech -- romney's speech before he gave it. after he spoke, a spokeswoman for the president said, this is somebody who leads with chest

pounding rhetoric. he is inexperienced and the american people have serious questions about whether he's prepared to be commander in chief. team fox coverage continues. ed envy with the president in california. we're hearing from the president himself, ed. >> that's right. bring it on. that was the simple response from the president's campaign spokesman in chicago who says the president believes he has a strong record on foreign policy. he welcomes this debate and, in fact, last night in a fund-raiser here in california, the president laid out his record and said it's pretty good. >> four years ago i told you i'd end the war in iraq and we did. [ cheers and applause ] i said i'd end the war in afghanistan. we are. [ cheers and applause ] i said we'd focus on the people who actually attacked us on 9-11 and today osama bin laden is no more. >> now, pretty interesting turn of events because four years

ago, in the last presidential campaign, it was folks raising questions about the commander in chief credentials of one barak obama. not just republicans doing it back then, remember, it was democrats like joe biden who were saying he was going to be tested. he was a young senator. didn't have a lot of experience. they obviously believe in chicago, the president has been tested and passed the test, shep. >> shep: and that attack on the consulate in libya clearly put the president, at least to some degree on defense. >> no doubt about it. if you look at our polling in recent weeks, for example, on the question of who do you trust more to handle foreign policy? the president had a small dip. 352% say they trust him more. 41% would trust mitt romney. that's down for the president from 54% back in september. so clearly that terrorist attack in benghazi has had some effect. that is why mitt romney sees an opening here. he's trying to pounce on it. but the bottom line is even with that dip, the president has a double digit lead over romney in terms of foreign policy

handling. >> ed henry live with us. thanks very much. next up, the running mates, vice president joe biden and congressman paul ryan set to face off this thursday. danville, kentucky. look at that mug shot. we'll be there. megyn and brett will host the vice presidential debate for us here on fox news channel. just right before 9:00 o'clock eastern time, 8:00 o'clock central here on fnc. the outbreak of rare form of meningitis infected more than 105 people. a tremendous jump, twice the number from three days ago. that's according to the reporting of the centers for disease control. so far health officials reported infection in nine states, all the ones in yellow here, at least eight people have reported to have died. remember investigators linked the cases to steroid shots designed for back pain and the pharmacy behind that medication is recalling all of its products out of abundance of care. jonathan, what more are we learning about all this?

>> the cdc estimates as many as 13,000 people may have received these potentially tainted injections of back pain medication. the steroid was compounded by a specialty pharmacy in massachusetts. the new england compounding center issued a recall on september 26 because fungal meningitis has a long incubation period, there may be people who won't show symptoms until late october. the mentorship to clinics which began administering the shots as far back as may 21. patients who develop unusual symptoms such as fever, worsening headache, or numbness should call a physician immediately to get tested and see whether they need to go on an antifungal therapy. shep? >> shep: jonathan in atlanta, thank you. a mystery drone, soars over israel. and the israelis? look at this. they blow it out of the sky. just ahead, questions about who launched that thing in the first

case. lurks we have breaking news from the former penn state football coach, jerry sandusky. tomorrow is sentencing day, right? so what are you thinking? maybe a confession? maybe an apology? not a chance. wait until you hear this coming up [ male announcer ] wouldn't it be cool if we took the nissan altima and reimagined nearly everything in it? gave it greater horsepower and best in class 38 mpg highway... advanced headlights... and zero gravity seats? yeah, that would be cool. ♪ introducing the completely reimagined nissan altima. it's our most innovative altima ever. nissan. innovation that excites. ♪

>> shep: the israeli government is now reporting it's trying to pinpoint the source of drone that flew over the country on saturday. israel's air force is said to have shot down that drone and the military reports it was not carrying any explosives. there is no official word on the drone's origin, but security experts are pointing the finger at hezbollah. that's the terror group with strong roots in southern lebanon and the backing of iran. in fact, witnesses say israeli war planes flew low over southern lebanon on sunday in an apparent show of force. ton john hunt is with us. why do israeli officials think hezbollah is responsible?

>> first of all, tracking the flight path. according to israeli media, military officials in that country are pretty confident that this drone took off south of siden, the coastal city in lebanon, then flew south over the mediterranean, took a left turn, came in over the gaza strip before heading in over the southern israeli desert where it was brought down. secondly, they point out that hezbollah has a history with drones. they launched one during the war between hezbollah and israel back in 2006. that one flew successfully. there was a less successful launch a couple of years before that. as for a reason, israeli military officials believe that the hezbollah may have been flying this drone on behalf of their allies, iran, trying to get reconnaissance information on a nuclear facility in southern israel. >> shep: and iran weighing in. >> a member of the revolutionary guard saying ha what it shows is

that israel's air defenses don't work. in particular the so-called iron dome system. israeli officials point out that's a missile defense system. not a low flying plane defense system. they'll point to that video they released showing how they destroyed the drone when they felt like it. iran did not comment on its involvement or otherwise in the building and launching of this drone. but it is worth remembering that a u.s. drone crashed in iran last year. the iranians are the -- at the time made no secret of their intentions of using it. using the technology from that drone to try to build one themselves. israeli officials obviously looking at it closely and likely to know pretty quickly whether or nottish ran was behind this. >> shep: thank you. the real concern across that region tonight, turkey's president says a worst case scenario is playing out in syria. it came as turkey's army fired shells at its one-time alley for the sixth day in a row.

the turkish leader vow to do do anything necessary to protect his country and he called fort international community to help topple the syrian regime. turkey began attacking targets in syria last week after a mortar bomb strayed across the border, or at least they report it strayed. it could have been a target. we don't know. we do know it killed several turkish citizens, kellogg young boy. the united nations secretary general warned the violence threatens the entire region. syrian rebels have been fighting their government for more than a year and a half. human rights group estimate some 30,000 people have died in the uprisings. breaking news on the fox report tonight. the former assistant football coach at penn state university convicted on 45 counts of child sex abuse has suddenly and without reason spoken out from prison. the speaking comes on the eve of his sentencing. he's speak to go a radio station on the penn state campus and he says he's not guilty of anything. in fact, he's a pawn and a

victim of a conspiracy. jerry sandusky is accused of -- convicted now, of abusing ten boys over a period of more than a decade. but in a statement that aired on penn state's student run radio station, he said it's all the result of false allegations. here is some of what he said. listen. >> they can take away my life. they can make me out as a monster. they can treat me as a monster. but they can't take away my heart. and my heart, i know, i did not do these alleged, disgusting acts. >> young man who is dramatic, a veteran accuser and always sought attention started everything. he was joined by a well orchestrated effort of the media and investigators, the system, penn state, psychologists, civil attorneys and other accusers. they won. i've wondered what they really won. attention, financial gain, prestige, will all be temporary. before you blame me, as others have, look at everything, at

everybody. look at the preparing for the trial and the trial. compare it to others. think about what happened. why and who made it happen? evaluate the accusers and their families. realize they didn't come out of isolation. the accusers were products of many more people and experiences than me. look at their confidencants and their honesty. think about how easy it was for them to turn on me given the information, and potential perks. >> shep: evaluate the accuseers. the justice system calls them victims. we're told jerry sandusky and at least some of those victims plan to address the judge tomorrow. jerry sandusky, delusional? nasa can no longer send cargo to the international space station on its own burks it did help a private company become the first to try it. the launch of a brand-new and less public chapter in space travel, i wonder how this went? we'll report in a moment.

plus drew brees of the new orleans saints led that team to the first win of the season. and he also broke a half century old record. they are ain't no, sir more and drew brees, what a night, is coming up one, two, three, four ♪ ♪ you say ♪ flip it over and replay ♪ we'll make everything okay ♪ walk together the right way ♪ do, do, do, do we were going through so much of the bargain detergent. and the clothes didn't look as good. but since we switched to tide we use much less. an amazing clean for all three of our full-grown dependent bundles of joy. that's mtide, what's yours?

>> and lift off. lift off of the x follow can 9 -- falcon 9 rocket. >> shep: with that, space x graduates from test launches to the real deal. it's a private space company that sent out its dragon capsule into orbit last night. unmanned cargo ship, the first commercial flight to the international space station. it wasn't without a few hiccups. it's reported one of nine engines on that rocket shut down with the op board computer did recalculating and saved the

mission. nasa officials say the rocket should reach the iss or international space station, on wednesday and it's due back on earth later this month. it's the first of a dozen supply missions scheduled. part of the $1.6 billion contract between space x and nasa. right now it's cargo. one day they tell us it may be astronauts. now what kind of cargo was on board, operates? >> 880 pounds. everything from batteries to food and a freezer that's filled with scientific experiments and inside that freezer is also a bunch of ice cream. we're told that chocolate swirl is one of the flavors on board. we should also note every bit as important as what's going up to the shuttle is what's going to come back because since the shuttle or the space station -- shuttle program ended, we have not been able to bring back any supplies at all because the cargo capsules from france and russia and japan burn up on reentry. but dragon goes round trip. it will bring home 1600 pounds of waste, old equipment, and

other very, very important scientific experiments that have been waiting on board the international space station. >> shep: what about astronauts? when are they scheduled to catch a ride on the capsule? >> it's looking like thousand about three to four years before they even begin trying these manned test flights. right now the target date for actually sending astronauts from u.s. soil back to the international space station is about 2017. right now there are three companies involved in this private space race. one is space x. the others are boeing and sierra, nevada. all three have contracts with nasa and all three have very high hopes of filling the shuttle's void. but for former astronaut tom jones, it's all way too slow. listen. >> we gave up the shuttle last year. the original schedule was to have a two-year transition between the shuttle and the human flight system that would come after it. now it's going to stretch out to something like five years, compared to the space race days

when we could build a capsule from scratch in three years. >> that dragon capsule comes back to earth on october 28, smashing down of a the coast of southern california. >> shep: trace gallagher in los angeles, thank you. slightly closer to earth, a sky diver set to put his life on the line to make a world record jump tomorrow and if something goes wrong as he plummets toward the ground, his blood could boil. or his lungs could explode. the dare devil set to make the jump from a cab sewell tomorrow 23 miles above the surface and if all goes well, he'll smash through the sound barrier on his way to a top speed of 690 miles an hour like that. a lot could go wrong. in addition to pressure problems, it could blow out his lungs. he could freeze to death if his protective suit fails. for an idea of how high all of this is, consider that mount everest rises 25,000 feet. jets crews at 35,000 feet.

this guy will jump from roughly 120,000 feet. red bull scheduled to stream the whole thing live on the interweb tomorrow morning. good luck. well, it's official. drew brees has done what no one in the nfl history ever has. last night the saints quarterback threw a touchdown pass for the 48th straight game. that is one for the nfl history books. breaking a record of great johnny unitas set 50 years ago, against the san diego charge us. as the saints picked up the first win of the season, brees called it you unbelievable and humble and gave credit to his teammates for making it happen. word the u.s. could cut back on security at the american consulate in benghazi, in libya, even as staffers were asking for more protection. that was before the attack that killed the u.s. ambassador and three other americans. we're live with dc on the latest on the investigation, flus on this columbus day, we'll show you how you can hang out with

the man himself. see that? christopher columbus in the living room. that's as we approach the bottom of the hour and the top of the news on the fox report

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>> shep: a potential game changer in the debate over stem cell research. researchers now claim that they can effectively create stem cells without destroying any human embryos. today these two scientists, one british, won japanese won the nobel prize and says he found a

way to reprogram cells from living adults, turning them into the equivalent of embryonic stem cells. dorks long said they have the greatest potential to grow new origin, i should say organs for sick people and lead to new treatments for all sorts of disease, including diabetes and parkinson's. today's ceremony, one of the winners said a school principal once told him, a career in science would be, quote, ridiculous. and a waste of time. i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. my goodness, the gas prices, have you seen this? an all-time high in one state for the third day in a row. experts say there is a chance, a chance that folks could still have to pay even more. we're careful with this because remember the beginning of the summer, we screwed it all up. it's happening now in california where triple a reports the average price for a gallon of regular unleaded hit 4.67

overnight. up 50 cents from just last week. california's previous record was 4.61 in 2008. just yesterday, the governor there, jerry brown, took action, clearing the way for gas stations to start selling sellit they call winter grade gasoline a few weeks early that. could make california's smog problem worse, but it's cheaper than the summer blends and they are desperate. adam housley is live in los angeles. why is this california? is it your weird this kind of gas, that kind of gas way? >> that's one of the three reasons. it's all demand being one as well. the third reason is the refineries that make that weird gas, you talk about, are only here in california and a couple went down. one we saw last month a big fire in northern california, was on the fox report. that refinery still isn't back on-line. a couple others are down. that means there is less gas to use in california. you can't buy it from the states nearby because they don't make the same kind of gas. we talked to industry experts who say drivers in the golden

state should and have a right to be a little upset. >> put this all in perspective, these are the types of price increases we generally see when there has been a natural disaster or major international event. we've seen nothing like that happen. so consumers are angry right now. >> angry and you know the governor passed that ability to have the winter mix as you mentioned. it willer four, five days before that should have any effect. >> shep: so it's probably time to start putting microphones in front of people and asking them how angry they are? >> absolutely. it's really easy to find people that are angry. even if the prices go down 15, 20 cents with that relief that governor brown says will happen, there is still about 50 or 60 cents higher than at this point last year. so we did just that, we threw the microphone at some people and hear what they had to say. >> they just jumped on up real quick and it takes forever to get them down. ridiculous. >> ten dollars in gas doesn't give may quarter of a tank.

it's really out of control. i mean, almost five bucks a gallon. >> i ride my bike to work due to increase of gas prices. they've been increasing, i can't afford it. >> not many ride their bikes to work in california. if you find a gas station of 4.67 a gallon, which they say is the statewide average i suggest if you're here, you fill up because it's 4.99 behind us. most of the stations here well above 4.67. >> shep: adam housley, thank you. friends, family and co-workers are remembering a u.s. border patrol agent who died in the line of duty. this time the name is nicholas ivy who died tuesday and another agent ended up wounded as they responded to an alarm at the border with mexico. now it appears two of the agents accidentally shot each other. a case of friendly fire along our border. nicholas ivy was but 30 years old, father of two young daughters. today mounted officers and the u.s. border patrol lined the

route of his funeral procession in arizona. inside that church, mourners remembered him as a family man who loved his job and lived to help people. the u.s. state department removed dozens of security personnel from libya in the months before the attack on the u.s. consulate there despite repeated requests for more protection, not less. that's what security team commander is telling cbs news. he says u.s. officials pulled his 16-member team from tripoli a few weeks before that assault as other staffers voiced concerns about potential gaps in security. here is how the commander summed it up. quote, i felt like we were being asked to play the piano with two fingers. that attack last month in benghazi killed four americans, including our ambassador, chris stevens. james rosen is live in d.c i'm curious, has anybody else said yeah, we were looking for more security. instead, they pulled security out? >> the chairman of the house intelligence committee told me

that is his understanding as well. multiple investigations are now underway from the f.b.i. agents on the ground in libya to the state departments internal' view board, to lawmakers pressing for answers. >> we've requested c.i.a. cables. we've requested the department of -- excuse me. department of state cables that relate to this security of the facility as would relate to issues of my committee, and they've been a little slow in cooperating thus far. >> wednesday will mark the first full congressional hearing on the benghazi attacks. shep. >> shep: then a matter of how the white house classified that in the early going. >> we've seen these shifting accounts. fox news learned on september 12, under secretary of state patrick kennedy, who is in charge of the department's personnel facilities and operations world wide, briefed key hill staffers and told them this appeared to be a sophisticated attack and not like a protest that got out of hand, as one participant on

kennedy's conference call told us. that conflicts with the account that u.n. ambassador susan rice offered when she told the sunday shows that they occurred after a protest spun out of control. >> we're going to focus on the facts. there has been a lot of speculation out there. some in both sides of the aisle have tried to use it politically, which is wrong. >> ambassador rice has since told lawmakers her statements on that sunday were based on the most current information of the security department as of that morning. >> shep: thank you. one of the world's largest cell phone makers could be a threat to america's national security? new warnings for lawmakers in d. but first, sirs years of hugo chavez. voters electing the anti-american leader despite his battle with cancer. plus, if kids keep asking to move, this might be why. we'll tell where you homework is banned. hello, children in the room. look at the television, please.

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>> shep: the leader who called george w. bush the devil locked up his third six-year term. hugo chavez celebrated his closest victory yet from a balcony in caracas. thousands of supporters danced in the streets below as their leader vowed to expand his socialist agenda. this time around, the constant american critic won the election by roughly 11 points. it was a much bigger margin in 06. he won by 27 then. his opponent accused him of using the oil wells to finance his campaigns. there is evidence he may have done that. steve harrigan has more. this was a fair win? >> shepherd, the opposition is conceding defeat, but also at the same time making real complaints. saying that chavez used tens of millions of dollars of

government oil money to pretty much buy votes, spend it on public housing and spend it on pensions. so much so that there is real concern that the currency may have to be devalued pretty soon, shep. >> shep: steve, is there anything to come out of this that's positive for the united states? >> i think for u.s. policy makers, it is positive that this election was largely peaceful. more than 80% turnout, people waiting in lines for hours. there is concern, though, with chavez's direction, both domestically, he supplies 10% of the u.s. oil. he says he wants to sell more to china, less to the u.s. but real concerns about chavez's foreign policy. over the past several years, he's built a strong alliance with iran. that's something he intends to continue. so that's a worrying spot for u.s. policy makers. >> shep: steve harrigan, thank you. we're getting a warning from washington that chinese companies are doing business in america and that they could be spying on us along the way.

you may have seen this story on "60 minutes" last night. it began with a yearlong investigation. lawmakers say two of china's top telecommunications firms pose a security risk because of their deep ties to the chinese government. there is no doubt they have equipment that no one else have. he's used for electronic eavesdropping and they have the means, opportunity and motive to use telecommunications companies for malicious purposes. the companies are seeking to expand their businesses in the united states and they have denied the accusation. shannon has more. it seems the problem in the united states, if you have a really big company, you tell the government what to do. but in china, the government tells you. >> in reverse it works. here is what investigators found. these companies publicly pledged they were going to be an open book were uncooperative and evasive throughout the entire process. house intelligence chairman republican mike rogers said he

fored the companies could access and misuse everything for personal medical records to military secrets. >> they seek to expand in the us us. but as a result of our investigation, we do not have the confident these two companies with their ties to the chinese government, can be entrusted with infrastructure of such critical importance. >> rogers added that several instances of alleged criminal activity were uncovered, including a bribery case that will be forwarded to the f.b.i. on tuesday. >> shep: how are these companies responding, shannon? >> as you would manual, they are fighting back, a spokesman for one of these companies says they are globally respected and added this, quote, this investigation and reported nothing more than a politics exercise that is ignored technical, cultural realities, adding that the company looks forward to leaving this political distraction behind us so that we can work with rational industry and government stake holders. by the way, under chinese law, these companies can be compelled

to give their government access to any information they may uncover. >> thanks. here at home, italian american gathered in new york city fort annual columbus day parade. for the first time since really anybody can remember, the guest of honor, christopher columbus, stayed indoors. just like they do every year at this time, community leaders laid a wreath at the base of a monument in columbus circle. but this year -- >> i call it an abomination. >> rick: a jungle of scaffolding separates folks on the ground from the explorer's statue above. >> not exactly a tribute to the great navigator or to the civilization he represented. >> rick: for more than a century, columbus stood on top of a six story column in the middle of this busy intersection. today he's no longer visible from far away. yet folks are seeing him like never before. >> it's amazing engeneral newt at its best. >> a japanese artist built a modern day living room around

the statue skin sited the public inside. >> it's very hard to walk in here without just breaking into a smile. >> shep: organizers say they're putting the columbus back in the columbus day. >> something that even people who walk through columbus circle every day never really get to see up close and personal. >> you're looking up at him and you really don't know what it looks like. this is very exciting. >> shep: while many italian americans embrace the project, others give it a harsh review. >> denigrates the admiral of the ocean sea. the means was for civil mation. it's an eye sore across the skyline. >> i don't know how it break this to you, but the sculpture was made to be viewed. >> shep: the mayor dismisses the criticism. he points out the project is privately funded and that workers will later use the scaffolding to help restore the monument. >> if you don't like it, it's not going to be here forever. columbus has been afternoon for 120 years. we're going to make sure he's good to go for the next 120. >> shep: the artist made a

career out of this sort of thing, building intimate setting around once distant pieces of art. this is his first project in the united states. it's scheduled to remain open through the middle of next month. the days of doing homework are over for some students. children rejoice. there is a high school in germany that has decided to toss out the after school tradition to help the teens unwind. the decision comes after officials made school days longer in order to cut a full year out of the system. they had teacher reportedly told a local newspaper, no child will have their free time dominated by schoolwork. officials say they'll test the homework ban for the next two years. news for the future, home it is work back. for the first time, marijuana could be legal for recreational use in states in the united states. legal for recreational use. the details behind the ballot measures that just might pass,

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>> shep: chaos at the wedding and why not? we're getting a look at it from a couple of dueling weddings in philadelphia. hotel lobby there, cops say at least two different wedding parties got involved, including some of the more important guests. listen carefully. (bleep). >> shep: that's the bride? exactly what happened. investigators say alcohol may have played a role.

according to police, at least one person died of an apparent heart attack during this brawl. reportedly the uncle of one of the brides. cops named a suspect who now faces charges in connection with a fight that apparently went down. earlier today on studio b, the kid recording the video says he was not taking part in either wedding. >> my parents were nice enough to take meme on a surprise trip to philadelphia and we only stayed one overnight at the sheraton, but when we came back to the hotel after our day out on the city, we went back up to our room and my family went to sleep at 11:00 o'clock. >> shep: the 15-year-old says he recorded the fight around 13:45 in the morning on -- 1:45 in the morning on sunday. a suspect punched a man at least 25 times. look here. in a surveillance camera caught it. police in tempe, arizona, says the man cornered his victim and started wailing on him. police say the suspect went on punching and kicking his victim

unconscious eventually. the guy on the ground ended up with broken bones in his face. it happened in august, but police just released the video and asking the public to help find the attacker. carrying could be a little pot do could be little in three western states. what's a little? one ounce of pot. that's a huge ziploc bag, by the way. in november, voters in colorado, oregon and washington state will decide whether to decriminalize marijuana for folks 21 and older each proposed prohibits people from lighting up in most public places. so it's kinds of like beer action it's legal, but not out in public. pot advocates say that would limit any exposure to children. of course, the federal government outlaws marijuana and no u.s. state has ever approved it for recreational use. a recent poll indicates washington state may actually

pass this one. look at the numbers here. half of voters in washington survey say they support legalizing pot just for fun. 38% say no. 12% are undecided and clearly stoned themselves. dan bringer in seattle. happy days are here, i suppose. >> yeah. shep. opponents of legalized pot are getting nervous because polls are also showing them trailing in the state of colorado and they're wondering why the president and his attorney general are not using the bully pulpit. couple years ago, you may remember, california had the same vote coming up and attorney general eric holder spoke out against it. he made it clear at that time that the drug would still be illegal under federal law and the law would be enforced. that measure failed. but this time around, president obama, his drug czar and the a.g. remained silent. even after getting a letter from nine former heads of the drug enforcement administration urging them to lobby against it. >> it would be shocking that

attorney general holder, that director, but most of all, that the president of the united states can't talk about this. look, it's about health. it's about safety. it's about the future of our country. >> there has been this cultural transformation and we see it playing out a little more rapidly in the western states than in other parts of the country. >> we tried for a week to get ahold of the justice department to get a comment on how they would enforce the law if up with tore of these states passed legalized pot. we're still waiting, shep. >> shep: dan springer, thanks. news from the future. dorits stock skyrockets. there is word the main suspect in the disappearance of natalee holloway may soon be a father. listen to this, joran van der sloot serving 28 years because he murdered a woman who is not natalee holloway got to have an unsupervised con i wouldn't goal visit with some woman and wait until you hear what his lawyer

is saying. daddy says hi. l helicopters at the mall. buy 'em or don't. whatever man. either way, he gets to fly helicopters all day. and he eats the liquid gold of velveeta shells & cheese. achieve your dreams. eat like that guy you know. enough already. c'mon guys. next question. hello! what's your favorite color? what's my favorite color? yes. purple. what's your favorite animal? sea turtle. what's your bedtime? do you believe in space aliens? ...i love puppies. hash browns or home fries? home fries. do you like my dress? why can't you guys ask good questions like this? [ morgan ] for a chance to interview an nfl player... join visa nfl fan offers and make your season epic.

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for a body in motion. >> he's a murderer and soon to be a dad. convicted killer joran van der sloot reportedly just, well, you know, knocked a lady up. according to a dutch newspaper, joran van der sloot got a woman pregnant during an unsupervised visit, unsupervised to his prison in peru. his attorney later denied the report. he told abc news he helped the woman get permission for conjugal visits. but that she told him she's not pregnant. he also blamed his own client for starting what he called a rumor. of course, joran van der sloot is serving 28 years for murdering a woman in peru and he is the prime suspect in the disappearance of natalee holloway in aruba. before we go, our top five things. ebay, auctioning a handwritten letter from albert einstein in which he decision dismissed the idea of god.

hezbollah is likely behind the drone israel shot into its air space. 3, private company launched the first private flight to the international space station. number two, on the eve of his sentencing, the former penn state football coach, jerry sandusky, is speaking out, again insisting he's innocent and blaming the victim. number one, more than 100 cases of deadly meningitis strain. that's the fox report's top five. on this day in 1871, the great chicago fire burned much of that city to the ground. most of us know the story. mrs. o'leary's car kicked the lantern and the flames from the barn spread quickly. to this day, nobody knows how much of that story is even true, but the city's wooden sidewalks and buildings were clearly vulnerable. the fire killed at least 200 people, destroyed more than 17,000 buildings. took another two days before firefighters got the flames under control. the city council finally exonerated mrs. o'leary and her cow in 1997, but it all